Prioritizing Women, In or Out of your Ticket?

By: Jane Lancie Holgado-Dimaculangan

When gender is no longer the whos-who in the political battlefield, will the
egoistic be saved from all attempts to protect his seat?

We are just a couple of months shy of choosing those whose names are worthy of
that ink which will blot in our ballots. And, we ask, will the criterion be the same for
those n
th
time voters or will the choice be manifest on the digits of those whose interests
are forwarded?

Letting Go of the Get-Go

History tells us the her-stories of the brave and bold Cleopatra, Joan of Arc and
Elizabeth I. But, these were lucky women who were able to defy the below slaves stature
that they have in those days.
Jorge Ka Oris Madlos of the NDF-Mindanao reminded us that women
proletariat in Europe and the Americas, during the Industrial Revolution of the 1800s,
have courageously battled against low wages and poor human labor conditions. He even
added that, their struggle has been the inspiration for the March 8
th
Celebration of the
100
th
International Womens Day.
1

In the Philippines, women of the 1971 Malayang Kilusan ng Bagong
Kababaihan (Makibaka) and the Katipunan ng Bagong Kababaihan (Katipunan)
were among those who led multitudes of new Filipinas to the militant struggle against
fascist repression and, later on, to the revolutionary front.
2
But, before liberation, our
grandmothers, their mothers and those before them, were strictly confined to the
homes. Spanish colonization has brought our grandmothers, their mothers, and those
before them to the detention of the weaker sex mindset. This was when most Eves
was categorically under Adams mercy.

Society gives credence to the assertion of women natural role to look after home
and children and men role as bread winners. Inevitably, in order to keep up with
these domestic duties, women are expected to give up everything else; education,
work (or at least decent, well-paid work), and outside interests of all kinds,
including political activity. A woman is expected to devote herself virtually to the
care of a man, her children and parents when they get old.
3


But, times are changing and so does society change in them.


1
Jorge Madlos, Without women emancipation, there can be no social emancipation, Philippine Revolution Web
Central, March 08, 2011, http://www.philippinerevolution.net/statements/without-women-emancipation-there-can-
be-no-social-emancipation_accessed:2/27/13.
2
Jorge Madlos, Without women emancipation, there can be no social emancipation, Philippine Revolution Web
Central, March 08, 2011, http://www.philippinerevolution.net/statements/without-women-emancipation-there-can-
be-no-social-emancipation_accessed:2/27/13.
3
K. Badu, The plight of women in our society, February 22,2010, http://www.ghanaweb.com/accessed:2/27/13.
Rights Written, Rights Given

Solitude and personal responsibility for her own individual living is the most
compelling reason for:
1. giving woman all the opportunities for higher education for the full
development of her faculties, forces of mind and body;
2. giving her the most enlarged freedom of thought and action;
3. giving her complete emancipation from all forms of bondage, of custom,
dependence, superstition and from all the crippling influences of fear.
4


In the Philippines, machismo and paternalism can be traced back from the
throws of Spanish colonialism. This resulted to Filipinas only opened to the voting
precincts come the American Period carrying with it the adoption of women
liberalization. By virtue of Article V of the 1934 Philippine then President MANUEL L.
QUEZON signed into law the Women Suffrage Bill paving the way for Filipino women
to have the distinction as the first women in Asia to be granted suffrage.
5

Then, we waged not only womens political rights but all of those necessarily
protected by the government, e.g. education, employment, discrimination and, violence.
No less than the 1987 Philippine Constitution in Art. II, Sec. 14 creates this mandate of
gender parity. Thus,
Section 14. The State recognizes the role of women in nation-building, and shall
ensure the fundamental equality before the law of women and men.
6

Where are we in terms of these provisions? Now, we assess.

Since 1981, along with other nations, the Philippines have been a promoter of
gender equality and women empowerment as a participant to the ratification of the
United Nations Convention on the Elimination of All Forms of Discrimination against
Women (CEDAW).
7
This is the International Bill of Rights of Women, the Convention
on the Elimination of all Forms of Discrimination Against Women, the only human
rights treaty which affirms:
1. the reproductive rights of women and targets culture and tradition as
influential forces shaping gender roles and family relations; and,
2. women's rights to acquire, change or retain their nationality and the
nationality of their children.
8

It characterizes discrimination against women as "any distinction, exclusion or
restriction made on the basis of sex which has the effect or purpose of impairing or
nullifying the recognition, enjoyment or exercise by women, irrespective of their marital

4
http://plightofwomen.com_accessed: 2/27/13.
5
J. Myrna Dimaranan Vidal (2013), Women Empowerment, http://ca.judiciary.gov.ph/ accessed: 2/27/13.
6
http://www.gov.ph/the-philippine-constitutions/the-1987-constitution-of-the-republic-of-the-philippines/, accessed:
2/27/13.
7
J.Vidal (2013).
8
Philippine Commission on Women, What is the CEDAW? http://pcw.gov.ph/international-commitments/cedaw,
accessed:2/27/13.
status, on a basis of equality of men and women, of human rights and fundamental
freedoms in the political, economic, social, cultural, civil, or any other field.
9

In 2006, CEDAWs Combined Fifth and Sixth Periodic Reports on the Philippines
found,

A. SITUATION OF WOMEN
x x x x x x x x x
122. The revised Labor Code bans discrimination in hiring, training and
promotion and the Anti-Sexual Harassment Act protect employed women and
penalize these discriminatory acts.

123. A survey of 334 Filipino firms revealed that 17 percent had records of sexual
harassment cases. The figure maybe higher, however, as victims tend not to
report the crime (DOLE 2002). Much remains to be done in terms of raising
awareness, developing workplace policies, and procedures, providing training to
managers and offering counseling to victims.
10

To alleviate sexual abuse in the work place, the government, in 1995 approved
Republic Act 7877 or the Anti-Sexual Harassment Act. In the leading case of Jacutin vs.
People, the Supreme Court ruled that:
Petitioner himself would appear to have conveyed, by his words and actions, an
impression that he could facilitate Juliets employment. Indeed, petitioner would
not have been able to take undue liberalities on the person of Juliet had it not
been for his high position in the City Health Office of Cagayan de Oro City. Thus,
a recommendation from petitioner in the appointment of personnel in the
municipal health office could carry good weight.
11

Section 3, par. (a) no. 1 of RA 7877 provides:
(a) In a work-related or employment environment, sexual harassment is
committed when:
1. The sexual favor is made as a condition in the hiring or in the
employment, re-employment or continued employment or in
granting said individual favorable compensation, terms,
conditions, promotions, or privileges; or the refusal to grant
sexual favor results in limiting, segregating, or classifying the
employee, which in a way would discriminate, deprive or
diminish employment opportunities or otherwise, adversely
affect said employee.
12

x x x x x x x x x
Also, to address the concern on various forms of brutalities, atrocities, and
domestic violence committed against the weaker sex and their children, the Legislature
passed in 2004 Republic Act No. 9262 or the Anti-Violence against Women and
Children.
13
This was in accommodation of past precedents as: 1. the restoration of the
writ of habeas corpus during the Marcos years; 2. the release of political detainees upon

9
Ibid.
10
CEDAW 36
th
Session (2006), Combined Fifth and Sixth Periodic Reports on States Parties, *Philippines, p.46.
11
People vs. Jacutin, G.R. 140606, March 6, 2006.
12
Republic Act 7877, Anti-Sexual Harassment Act of 1995, approved: February 14, 1995.
13
Supra @note5.
creation of the Commission on Human Rights in the Cory Aquino administration and;
the passage of RA 8353 or the Anti-Rape Law during the Ramos leadership. Now, under
former President Gloria Macapagal-Arroyo, this Anti-VAWC Act further strengthened
the law by adding children to the list of victims, and increasing the penalties for rape.
14

Taking the National Statistical Coordination Boards 2003 survey as basis,
CEDAW reports under Article VI. Exploitation on Women, pars. 183 & 184:
183. Violence against women persists with the number of reported crimes rising
between 2000 to 2002 before declining to only 7,805 in 2003. The 2003 figure
for VAW cases is 6 percent lower than that in 2000 and 13 percent lower than
that in 2002. While probably the most gruesome, rape constitutes less than 13
percent of cases reported to the police. The more common remains to be physical
abuse and wife battering.

184. Meanwhile, cases of violence against children numbered 7,303 in 2003,
which is 15 percent less than those in 2000 and 8 percent lower than those in
2002. Of these cases, 46 percent were victims of rape, including incestuous rape
(4 percent); 27 percent involved physical abuse, and 15 percent were acts of
lasciviousness. In 2002, for which data are available, three of six child victims
were 12 to 17 years old; 25 percent were 6 to 11 years old. As with the women
victims of violence, about half of the perpetrators of crimes against children were
not related to the victims. In fact, many (31 percent) were total strangers to the
child. Husbands accounted for 28 percent of VAW crimes, while close male
relatives were responsible for 13 percent of the reported crimes of violence
against children (NSCB 2003a).
15


In revisiting the Anti-VAWC AcT, worthy of mentioning is section 2 par.1 which
provides:
SECTION 2. Declaration of Policy.- It is hereby declared that the State
values the dignity of women and children and guarantees full respect for
human rights. The State also recognizes the need to protect the family and
its members particularly women and children, from violence and threats
to their personal safety and security.
16

Dr. Virola, Director of the National Statistical Coordination Board (NSCB),
expressed his pride over the inclusion in 2008 of a separate module called the Womens
Safety Module by the National Demographic and Health Survey (NDHS) of the National
Statistics Office (NSO), which probes into womens experiences of violence( physical
and sexual. He added that, information was collected on spousal violence - covering all
forms of violence e.g. 1) physical violence; 2) sexual violence; 3) emotional violence; and
4) economic violence (the 3rd and 4th forms of VAW were grouped together in the
survey as other forms of violence).
17


14
Lila R. Shahani, The status of women in the Philippines: a 50-year retrospective, October 13, 2012.
http://www.gmanetwork.com/news/story accessed: 2/27/13.
15
Supra @note10.
16
Republic Act 9262, the "Anti-Violence Against Women and Their Children Act of 2004 approved: March 08,
2004.
17
Dr. Romulo A. Virola is the Secretary General of the National Statistical Coordination Board (NSCB) when he
posted this report entitled, Violence Against WomenAt Home! on March 08, 2010.
On the other hand, women exploitation has its many faces. CEDAW (2006)
reports that Pornography is still a major problem which leads to perpetuating sex
stereotyping as well as rape and incest. And, despite the passage of Republic Act 6955
banning Mail-to-order brides, it still exists.
18
Its title is clear and unequivocal, it is An
Act to declare unlawful the practice of matching Filipino Women for Marriage to
Foreign Nationals on a Mail Order Basis and Other Similar Practices, including the
Advertisement, Publication, Printing or Distribution of brochures, fliers and Other
Propaganda Materials in furtherance thereof.
19
This, in the context of the Information
and Communications Technology (ICT) giving easy access widespread forms of sex-
video scandals and increasing cybersex trends is hard to police.
For big sums of profit, ICT as an open global space and technology is being
exploited by many for criminal activities. Its direct cause is liked to poverty and the
enduring economic crisis in the country making women and girls more vulnerable to the
scale of violence perpetuated against them, especially in cyberspace.
20

Despite these oppressions on women, our Constitution in Article XIII, Sec. 14
appraises womens role in nation-building. Thus,
Section 14. The State shall protect working women by providing safe and
healthful working conditions, taking into account their maternal functions, and
such facilities and opportunities that will enhance their welfare and enable them
to realize their full potential in the service of the nation.
This had been upheld and even strengthened in the signing into law of Republic
Act 9710 or the Magna Carta of Women during the Arroyo administration. Its passage
capped the eighth (8) year of the continuing quest for gender equality and women's
empowerment since the filing of the bill in the Philippine Congress and seventy (70)
years since the suffrage movement in the 1920s that open Filipinas to the exercise of
their right to vote in 1937.
21

Basically, R.A. 9710 seeks to eliminate discrimination against women by
recognizing, protecting, fulfilling and promoting the rights of Filipino women.
22
Among
these rights are
23
:
* Protection from all forms of violence, including those committed by the State
* Protection and security in times of disaster, calamities and other crisis situations
*Participation and representation
*Equal treatment before the law

18
Supra @note10.
19
Republic Act 6955, Mail Order Bride Act, approved: June 13, 1990
20
Jessica U. Soto, Philippines: Violence Against Women and ICT, GenderIT.org, posted on August 3, 2010,
accessed: 2/27/13.
21
Teresita Sylvia M. Salud (Deputy Executive Director, Philippine Commission on Women) , PHILIPPINE
MAGNA CARTA OF WOMEN: THE BILL OF RIGHTS OF FILIPINO WOMEN
http://www.oecd.org/dev/poverty/44847597.pdf accessed: 2/27/13.
22
Ibid, p.2.
23
Ibid.
*Equal access and elimination of discrimination against women in education,
scholarships and training
*Equal participation in sports
*Non-discrimination in employment in the field of military, police, and other similar
services
*Non-Discriminatory and non-derogatory portrayal of women in media and film
*Comprehensive health services and health information and education
*Leave benefits
*Equal rights in all matters related to marriage and family relations

The Magna Carta of Women also guarantees the civil, political and economic
rights of women in the marginalized sectors.
24

However, findings of Lagabalas 2011 case study suggest that there are two main
issues regarding the implementation of the Philippine Magna Carta of Women:
1. there is no clear implementation strategy as evident in the lack of information
dissemination about the statute which places in jeopardy the very essence of
the law; and,
2. there is a structural incompetence and inefficiency on the government
agencies tasked to implement it.
25


With all the 1987 Philippine Constitution as its backing and some of the
legislations discussed, it should not be hard for a would-be candidate to push for
womens rights. Women should never be a marginalized sector. Her worth should be
leveled equal to that of a man so that they can work as partners in building the
Philippine politics, economy, and society as a whole.
As the late Governor General of the Philippines, Leonard Wood puts it, "In the
Philippines, the best man is woman".
26
Women participation in the playing field should
be prioritized especially those of men whose intention to lead this country is yet to be
judged. Thus, we echo former Chief Justice of the Philippines, Hon. Reynato S. Puno:

Today, the feminist movement is rooting out the etiology of domestic violence
peculiar to different classes of women the most maltreated and the least
empowered of them, politically, socially and economically speaking. There
will be further developments in the feminist front and we, in the
discipline of law, should fully understand their efforts. For the history
of the women's movement against domestic violence shows that one of its most
difficult struggles was the fight against the violence of law itself. If we keep in
mind, law will not again be a hindrance to the struggle of women for equality
but will be its fulfillment. We crafted the Rule on Violence Against Women and
Their Children in that spirit.
27


24
Ibid.
25
Karl M. Lagabala (2011), Beyond Emancipation: A Case Study on the Magna Carta of Women in the
Philippines presented in the 2011 Korean Association for Policy Studies International Conference Fairness in
Public Policy: Efficiency, Equity and Beyond Grand Hilton Hotel, Seoul, Korea June 17 18, 2011".
26
Bai Maleiha (2008), The Changing Role of Women in Philippine Society, updated on December 17, 2008,
http://www.helium.com/items/1255237-the-filipina-woman-the-transformations-of-the-filipina-womanphilippines
accessed: 2/27/13.
27
Supra @note5.